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  • Heather Cummings

The Lone Star State's Reaction to GHG Permitting Regulations

Updated: Aug 29, 2023

The state of Texas is known for its size, both in land mass and personality. Now the state has turned its outsized personality against federal environmental demands. The state attorney general and chairman of environmental quality recently sent a letter to the Environmental Protection Agency (EPA) informing them that the state will not be implementing the most recent greenhouse gas regulations.

The letter argues that the mandates lack justification and are unconstitutional, thus the state will not be enforcing them.

“Texas has neither the authority nor the intention of interpreting, ignoring or amending its laws in order to compel the permitting of greenhouse gas emissions,” said the letter.

It suggested that the environmental benefits of the regulations were never outlined, and that the EPA itself had previously stated that the permitting of greenhouse gases was “absurd.”

“We object to adopting the EPA’s definition of ‘subject to regulation’ without directly raising any of our substantive objections to each of the four EPA rulemakings that collectively comprise your greenhouse gas control initiative,” said the letter.

Litigation is now pending in the D.C. Circuit Court of Appeals, which will give Texas the opportunity to argue the constitutionality of the EPA mandates. Until the case is resolved the EPA has been asked to place the mandates on hold.


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